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In the case of Flava Works Inc. v. Gunter the court denied the defendant safe harbor protection under DMCA . The district court found that the defendant had knowledge of its users' infringing activity and also failed to prevent future infringing activity.
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In addition to the two general requirements listed above, all four safe harbors impose additional requirements for immunity. The safe harbor for storage of infringing material under § 512(c) is the most commonly encountered because it immunizes OSPs such as YouTube that might inadvertently host infringing material uploaded by users.
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Safe harbor provisions appear in a number of laws and in many contracts. An example of safe harbor in a real estate transaction is the performance of a Phase I Environmental Site Assessment by a property purchaser: creating a "safe harbor" protecting the new owner if, in the future, contamination caused by a prior owner is found. Another common ...
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itch.io (stylized in all lowercase) is a website for users to host, sell and download indie video games, indie role-playing games, game assets, comics, zines and music. Launched in March 2013 by Leaf Corcoran, the service hosts over 1,000,000 products as of November 2024 [update] .
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